SB 1070

Ninth Circuit Court of Appeals Agrees With Supreme Court Ruling on SB 1070

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The U.S. Ninth Circuit Court of Appeals agreed with the U.S. Supreme Court's ruling on SB 1070 yesterday, which removed three of the four tested provisions of the Arizona law.

The court removed its injunction on Section 2(b) of the law -- commonly referred to as the "papers please" provision -- which the Supreme Court questioned, but upheld. The appeals court accepted the Supreme Court's decision to allow the provision to face more scrutiny in lower courts.

"If [Section] 2(B) only requires state officers to conduct a status check during the course of an authorized, lawful detention or after a detainee has been released, the provision likely would survive pre-emption -- at least absent some showing that it has other consequences that are adverse to federal law and its objectives," the Supreme Court stated in its majority opinion.

Provisions which the Supreme Court struck down included making it a misdemeanor crime in Arizona for undocumented immigrants to avoid compliance with federal alien-registration requirements, and for them to "seek or engage in work in the state," among other things.

The Ninth Circuit Court of Appeals remanded the case down to federal district court -- where the court will decide whether it will remove its injunction on the "papers please" provision as well.

If the district court rules in accordance with higher courts, Arizona law enforcement may soon be able to check the immigration status of individuals stopped for everyday breaches of the law.

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Jason Lewis
Contact: Jason Lewis